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BETO v. STEWART

No. 30631.

582 S.E.2d 802 (2003)

213 W.Va. 355

Michelle M. BETO, Plaintiff Below, Appellant, v. Daniel H. STEWART, M.D., Defendant Below, Appellee, and P. Gregory Haddad, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided April 17, 2003.

Dissenting Opinion of Justice McGraw July 2, 2003.

Dissenting Opinion of Chief Justice Starcher July 10, 2003.

Attorney(s) appearing for the Case

David J. Romano, Esq., Christine Jones Pacyna, Esq., Romano Law Office, Clarksburg, for Appellant.

Beth A. Raffle, Esq., Steptoe & Johnson PLLC, Morgantown, Ancil A. Ramey, Esq., Steptoe & Johnson PLLC, Charleston, for Appellee.

Rebecca A. Betts, Esq., Allen Guthrie & McHugh, Charleston, for Intervenor.

MAYNARD, Justice.

The appellant, Michele M. Beto, appeals the order of the Circuit Court of Harrison County which found no obstruction of the discovery process by the appellee, Dr. Daniel H. Stewart, or his attorney, P. Gregory Haddad, in the underlying medical malpractice action. Ms. Beto avers that Attorney Haddad attempted to conceal material evidence and argues the circuit court abused its discretion by concluding that no discovery obstruction occurred. She also...

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